Mr. Philip D. O’Neill Jr.

Professional Experience

Philip O’Neill’s international practice ranges from general corporate work to dispute resolution. Primarily, Philip O’Neill has been engaged in litigation/arbitration as a trial attorney and arbitrator for over 30 years, with approximately equal experience in international and domestic arbitration and litigation involving complex business disputes (70%). He has acted as outside general counsel to a number of American and foreign clients in connection with projects in the U.S. and around the world, including joint ventures and private equity investments. Phil’s international general counsel practice has involved matters/issues in as many as 45-50 countries per year. He has also represented both U.S. and foreign companies in cross-border and domestic arbitration as well as litigation matters in the U.S. and abroad for over 30 years. His experience as advocate or arbitrator includes international commercial disputes involving energy supply, joint ventures, distribution, health care, life sciences, telecom, valuation and transfer pricing, as well as patent royalty and other intellectual property, technology transfer and licensing matters.

Notable Experience

Guidance/Transactional:

  • Phil provided post 9/11 guidance to the Chairman of a large Arab bank on anti-terrorist finance issues.
  • He served as International Special Counsel to a NYSE listed company on joint ventures.
  • He acted as International General Counsel on joint ventures and related industrial projects for Middle Eastern strategic financial partners and American technology partners.
  • He served as International General Counsel to a Middle Eastern-financed offshore collective investment through special purpose corporations for U.S., European, North African and Middle Eastern investments.
Dispute Resolution Experience and Training

Phil O’Neill is a very experienced international arbitrator and is on panels or listed by arbitral institutions globally, including the American Arbitration Association, International Chamber of Commerce, WIPO, the London Court of International Arbitration, CIETAC and the Stockholm, Milan, Dubai, Kuala Lumpur and Hong KongArbitrationCenters. Phil is a chartered arbitrator and a fellow in both the College of Commercial Arbitrators and in England’s Chartered Institute of Arbitrators. He was previously on the American Panel of Arbitrators to resolve trade disputes under the North American Free Trade Agreement. Phil has been listed repeatedly in the International Arbitration section of The Best Lawyers in America.

  • Phil authored a panel decision relating to a ten-figure patent/licensing royalty claim between an Asian pharmaceutical and an American biotech company.
  • He was an advocate in a ten-figure energy long-term supply contract breach claim between American and African companies.
  • He served as a panel chair in a nine-figure patent royalty claim between an American company and an Asian company in the telecom industry.
  • Phil was a member of the panel for a nine-figure patent license dispute between American and Canadian companies over European and Latin American technology transfer.

Training

  • College of Commercial Arbitrators, Annual Meeting, 2008, 2009
  • AAA Dealing With Delay Tactics in Arbitration, 2006
  • AAA International Arbitration Symposium, 2005
  • AAA Neutrals Conference, 2005
  • AAA Dealing with Delay Tactics in arbitration (ACE004), 2005
Professional and Other Activities

In 2007 Phil O’Neill taught international business transactions at the Fletcher School of Law & Diplomacy. Phil served as Nomura lecturer in law at Harvard Law School on International Arbitration in 2005. His professorial career began at Boston College Law School in 1988, where he initially taught a seminar on “National Security Law” and he continues to teach an “International Arbitration” course. He also teaches at Boston University School of Law, where he currently conducts an LLM seminar on “International Arbitration”, and previously taught for ten years a “National Security Law” seminar, and previously a L.L.M. level course entitled “American Foreign Policy and International Banking”. Phil previously guest-lectured at the Harvard Law School on “International Arbitration” in the mid to late 1990s as well as 2006, and before that at Harvard Business School on venture capital.

Academic Qualifications

Hamilton College, B.A., 1973
Boston College, J.D., 1977

 

 

 

 

 

 

Leslie E. Maerov

 

Professional Experience

Leslie E. Maerov was admitted as a barrister and solicitor in British Columbia in 1975, and as a solicitor of England & Wales in 1991. He is a graduate of Osgoode Hall Law School at York University in Toronto and also obtained a Bachelor of Arts from the University of Alberta in Edmonton. He was in private practice in Vancouver from 1975 until 1997, initially as a litigator and then as a corporate and commercial lawyer, and became a Fellow of the Chartered Institute of Arbitrators in 2011.

Between 2001 and 2014, Mr. Maerov was Chief Executive Officer and President as well as a founder of a public-listed telecom company. Between 2014-2018 he was Chief Compliance Officer and General Counsel of the company until it was sold. As CEO he leveraged his commercial law expertise and business mindset to develop and implement the company’s strategic growth plans. He was responsible for financing the company’s operations, mergers and acquisitions, all contractual negotiations and regulatory compliance. Since July 2018, he has resumed full time practice as a commercial arbitrator and solicitor

Dispute Resolution Experience and Training

Leslie E. Maerov has numerous domestic and international arbitrations as sole arbitrator and as member of three-person panels under ICDR (International Centre for Dispute Resolution) and FINRA (U.S. Financial Industry Regulatory Authority) and ad hoc rules.

Fellowship training by CIArb. (Chartered Institute of Arbitrators)

Professional and Other Activities

  • 2012 to Present – Director, presently Governing Director & Chair, BC International Commercial Arbitration Centre (BCICAC)
  • 2004 to Present – Director & Past Chair, Childhood Cancer Family Support Society
  • 2004 -2017, Director and presently Treasurer, Pacific Coast Baseball Umpires Association
  • 2018 to Present – Director and presently Secretary, British Columbia Baseball Umpires Association
  • Fellow, Chartered Institute of Arbitrators (CIArb)
  • Panelist, International Centre for Dispute Resolution Canada (ICDR Canada)
  • Member, International Chamber of Commerce (ICC) Canada Arbitration Committee
  • Member, Alternative Dispute Resolution Institute of BC (ADRBC)
  • Barrister and Solicitor of the Supreme Court of B.C. (1975)
  • Solicitor of the Supreme Court of England and Wales (1991)
  • 1997 to 1998 – Past Chairman, School Consultative Committee Academic Committee on Curriculum, Kitsilano Secondary School, Vancouver
  • 1978 to 1995 – Lecturer, Law Society of British Columbia, Bar Admission Course: Company Law
  • 1978 to 1995 – Lecturer, UBC Faculty of Commerce, Certified General Accountants program: Commercial Law
  • 1980 to 1985 – Member-at-large, Advertising Standards Council: B.C. Region
  • 2011 to present – National-level umpire, Baseball Canada
  • 1994 – Author, Bare Bones WordPerfect 5.1 for DOS, Publication by Continuing Legal Education Society of British Columbia
Academic QualificationsLL.B., Osgoode Hall Law School, York University, Toronto, Ontario (1974)
B.A., University of Alberta, Edmonton, Alberta (1971)

William C. Kaplan

Professional Experience

Bill now focuses his practice on arbitration and mediation work as a neutral. He has been engaged on a variety of matters reflecting his experience in corporate/commercial matters, restructuring, securities legislation, real estate and development, and a broad range of business-related issues. Bill has appeared before all levels of the Court system in British Columbia, including the Supreme Court of Canada, as well as appearing before numerous administrative tribunals, private arbitration panels, and mediations. He is experienced in alternative dispute resolution and is a Fellow of the Chartered Institute of Arbitrators.

Bill provides legal services through WCK Law Corporation.

Dispute Resolution Experience and Training

  • Appeared before all levels of court in British Columbia, and the Supreme Court of Canada, on a wide range of corporate and commercial matters.
  • Acted as counsel for many arbitration hearings over the last 30+ years and engaged as counsel for labour relations arbitration hearings earlier in career.
  • Attained FCIArb in 2016 and continue to hold FCIArb designation.
  • Counsel for many mediations and have acted as mediator on 7 matters in the last 6 months.
Professional and Other Activities

  • Bill is a member of Insolvency Institute of Canada, and a past chairman and a member of the board of directors of the Continuing Legal Education Society of British Columbia. He was a founding member of the Dean’s Advisory Committee to the National Centre for Business Law at the University of British Columbia.
  • Bill was an adjunct professor of law at the University of British Columbia for over 25 years, where he instructed a negotiations course.
  • Bill was appointed Queen’s Counsel (British Columbia) in 2001. Admitted to FCIArb: 2016
  • Best Lawyers in Canada: 2008, 2010 – 2019 (Appellant Practice, Construction Law and Insolvency)
  • Legal 500 Canada: 2014 – 2019
  • Chambers Global: 2009 – 2018
  • Canadian Legal Lexpert Directory: 2008 – 2018
  • I FLR1000: 2014 – 2018 (Leading Lawyer)
  • The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada: 2013 – 2015, 2017
  • Benchmark Canada: 2013 – 2018
Academic Qualifications

Admitted as a Fellow of the Chartered Institute of Arbitrators – 2016
LL.M., Harvard University – 1981
Admitted to the British Columbia Bar – 1980
LL.B., University of British Columbia – 1979
B.A., University of British Columbia – 1975

Mr. Scott D. Marrs

Professional Experience

Scott Marrs has over 20 years of experience in arbitration, litigation and legal counseling in international, energy (oil and gas exploration, production, transportation, storage, power, petrochemical, energy marketing, well service), intellectual property (patent, trademark, copyright, trade secrets and covenant not to compete litigation), commercial, product liability and international matters in state and federal courts, and in national and international arbitrations.

Dispute Resolution Experience and Training

  • Arbitrator in complex commercial contract matter involving engineering, design and project management issues in mining and energy industries.
  • Arbitrator in multi-million dollar energy matter regarding commercial contract in natural gas recycling, extraction, green energy business and allegations of contract breach and fraud.
  • Arbitrated 9-figure international disputes involving complex contractual and governmental issues regarding acquisition and divestiture of oil and gas interests in South America.
  • Arbitrator on energy panel in multi-million dollar action involving contract and financial issues relating to acquisition and divestiture of numerous producing oil and gas properties.
  • Arbitrator on commercial panel in breach of commercial contract action with associated fraud counterclaims involving stock and insurance issues.
  • Arbitrated claims by independent oil and gas producers in multi-million dollar action involving drilling companies in commercial transaction disputes.
  • Represented international oil field services company in disputes involving Middle Eastern contracts.
  • Represented natural gas pipeline company regarding $200 million acquisition dispute with energy a company.
  • Arbitrated multi-million dollar intellectual property disputes between an international medical device company and an inventor/surgeon.
  • Represented investors in disputes with exploration company involving foreign oil and gas fields.
  • Arbitrated a major investment matter for an international brokerage house involving alleged losses by a group of high net worth businessmen.
  • Represented energy client in disputes involving Russian oil interests.
  • Retained as intellectual property expert in a copyright and trademark arbitration involving two competing international chair manufacturers.
  • Represented oil and gas company in disputes involving allegedly defective land rigs.
  • Represented exploration & production company in various royalty lawsuits.
  • Represented French supplier of industrial gases in federal jury trial involving commercial contract disputes.
  • Represented a Dutch equipment manufacturer to resolve various international and commercial issues.
  • Represented international chemical company in $30 Million commercial contract dispute
Professional and Other Activities

Arbitrator with: BCICAC, AAA, ICC, CPR, and LCIA
International Institute for Energy Law – Advisory Board
International Association of Defense Counsel – ADR Committee (Co-Chair)
American, Texas and Houston Bar Foundations – Fellow
Speaker: “Harness the Power of Arbitration to Obtain A Successful Award,” 2013 ALM Course, High Stakes Litigation (NYC)
Speaker: “Comparing and Contrasting Major European and American Arbitral Forums,” 2013 IADC Annual Meeting (Hawaii)
Speaker: “Getting Your Mojo Back Regarding Arbitration,” 2012 Trial Network Litigation Mgmt Supercourse (NYC)
Author: AAA, JAMS and CPR Comparison Chart, Practical Law Jrnl (Feb 2014)
Author: “Arbitration Confidentiality,” Texas Bar Journal (Feb. 2014)
Author: “10 Major Arbitration Issues Recently Addressed By Courts,” Dispute Resolution Jrnl (Aug 2009)

Academic Qualifications

2013 Top Rated Lawyer in Alternative Dispute Resolution, American Lawyer Media
Texas’ “Top Rated Lawyer,” Martindale, 2012, 2014
“Texas Super Lawyer,” 2004, 2006-2014
“Houston’s Top Lawyers,” H Texas Magazine, 2007-2012, 2014
“Top 40 Texas Lawyers Under 40,” Texas Lawyer, 2001
Houston Lawyer Award, Outstanding Legal Article of the Year, 1993
Hirsch, Glover, Robinson & Sheiness Award, Excellence in Insurance Law, 1989

Mr. Frederick R. Fucci

Professional Experience

Fred is a transactional and project finance lawyer who also devotes an important part of his practice to commercial arbitration and dispute resolution. His transactional work focuses on the acquisition, development and financing of power generation and other energy assets. He has represented developers and acquirers of both renewable (solar, biomass, geothermal, hydro, wind) and fossil fuel (natural gas, coal, petroleum and cogeneration) power plants in the United States and in several other countries. He is experienced in drafting and negotiating key project agreements, including power purchase and interconnection agreements, construction contracts (EPC and design-build, land use/concessions and operations & maintenance (O&M) agreements. He also advises energy services companies on energy efficiency projects and the installation of distribution generation facilities. Fred was named to the NY Metro Super Lawyers List in Energy and Natural Resources for 2013 and 2014.

His non-contentious work also encompasses corporate transactions including mergers, acquisitions, joint ventures and asset purchases and dispositions. He has represented many foreign companies in starting up or acquiring businesses in the United States. Related to these corporate transactions, he provides general commercial and corporate advice for foreign and U.S. entities and is well-versed in contracts involving supply and sales of goods and equipment.

Dispute Resolution Experience and Training

Fred has extensive experience in dispute resolution techniques including international commercial arbitration and international judicial assistance in the aid of enforcement of judgments. He has acted as counsel to parties to disputes and as a neutral arbitrator in international and domestic arbitration proceedings under American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR), International Chamber of Commerce (ICC) and London Court of International Arbitration (LCIA) rules.

Professional and Other Activities

  • Member ICDR Panel and Energy Arbitrators List
  • Listed on AAA Construction and Commercial Rosters
  • CPR Panel of Distinguished Neutrals (Energy, Oil & Gas, Int’l, Environmental)
  • Hong Kong International Arbitration Centre Panel of Arbitrators
  • U.S. Delegate to ICC Commission on Arbitration
  • Member of USCIB Committee on Arbitration, Chair of the Transactional Lawyers Subcommittee
  • Member Toronto Commercial Arbitration Society, LCIA North America Users’ Counsel
  • List of Practitioners – Vienna International Arbitration Centre
  • Chair, Energy Committee, New York City Bar Association (2009-2012)
Academic Qualifications

Bar Admission – New York, New Jersey, Solicitor – England & Wales
Georgetown University Law Center, J.D., 1987
Johns Hopkins University, M.A., 1987
Amherst College, B.A., 1981

George Gluck

Professional Experience
Partner, Weil, Gotshal & Manges (1994-2001); International Counsel, Skadden, Arps, Slate, Meagher & Flom (1990-1994).

More than twenty years of broad corporate, commercial, finance and international legal experience in common law and civil law jurisdictions in the United States, Canada and Europe. Extensive experience in a number of industries including airline, energy, financial institutions, pharmaceuticals, media and telecommunications, retail, and utilities. Transactional experience includes:

Mergers and Acquisitions — private and public companies, including privatization of incumbent industries (airline, electric & gas utilities, pharmaceuticals, telecommunications).

Energy — development, acquisition and financing of energy projects (including electrical generating facilities and independent power plants), negotiation of electrical power purchase agreements, and oil & gas concession, exploration and joint operating agreements.

Telecommunications — acquisition and spin-off of regional and national telecommunication entities, including negotiations with governmental bodies; served as outside general counsel to an NYSE-listed telecommunications company.

Significant corporate/finance experience, including negotiation and drafting of partnership, joint venture, and shareholder agreements; concession and project finance agreements; complex international syndicated loan agreements; executive employment agreements; licensing, copyright and distribution agreements. Extensive experience with securities and capital markets (public and private offerings of debt/equity); private equity (represented both fund sponsors and investors).

Dispute Resolution Experience and Training
Full-time independent ADR neutral since 2001. Appointed in more than 100 international and domestic cases of varying size and complexity (up to 9 figures), covering a broad legal spectrum, including: telecommunications, energy, mergers & acquisitions, business associations (corporations, partnerships, limited liability companies, joint ventures), finance (commercial/investment banking), accounting, intellectual property, franchise, licensing, pharmaceuticals/biotechnology, employment, technology, sale of goods, real property, accounting, appraisal rights, corporate governance, class actions, construction, communication, information technology, maritime, valuations, insurance. Served as Chairman, Sole Arbitrator and Co-Arbitrator in cases under AAA, ICDR, ICC, CPR, UNCITRAL Rules and ad hoc arbitrations. Certified IMI Mediator.

Professional and Other Activities
Fellow, College of Commercial Arbitrators
International Bar Association (Arbitration Committee)
American Bar Association (Section of Dispute Resolution)
Association of the Bar of the City of New York
International Arbitration Club of New York
New York State Bar Association (Mediation and Arbitration Committees)

Academic Qualifications
Bar Admissions – New York and Ontario
Osgoode Hall Law School, Toronto (J.D., Law Review-1977)
The Fletcher School of Law and Diplomacy, Tufts University (A.M., International Affairs-1974)
York University (B.A., Honors, first class-1973)
Recipient of the ITT International Fellowship, representing Canada (1973).